13.  The applicant was born in 1933 and lived in Paduli (Benevento).
14.  On 10 November 1994 the applicant brought proceedings in the Benevento Magistrate’s Court, sitting as an employment tribunal, seeking acknowledgment of her right to an invalidity pension (pensione di inabilità) and an attendance allowance (indennità di accompagnamento).
15.  On 21 November 1994 the Magistrate’s Court set the case down for the first hearing on 19 February 1996. On that day the court appointed an expert and adjourned the proceedings to a hearing on 8 July 1997. The hearing was adjourned by the court of its own motion to 28 January 1999. On that date the court set the case down for hearing of oral submissions on 15 June 1999. In the meantime, following his mother’s death, Mr Casciano declared his intention to continue the proceedings.
16.  The following hearing was adjourned by the court of its own motion to 14 February 2000. However, it was not held on that date because of a lawyers’ strike. The three hearings held between 28 March 2000 and 7 November 2000 were devoted to new expert evidence.
17.  In a decision of 30 January 2001, the text of which was deposited with the registry on 6 February 2001, the Benevento Magistrate’s Court, sitting as an employment tribunal, dismissed the applicant’s claim.
18.  On 15 February 2001 Mr Casciano appealed to the Naples Court of Appeal. On 2 January 2002 the president appointed a reporting judge. The first hearing was held on 7 October 2002. Two hearings later, on 19 May 2003, judgment was reserved. In a judgment of the same date, the text of which was deposited with the registry on 6 November 2003, the Court of Appeal dismissed the appeal.
19.  On an unspecified date, after 16 October 2001, the applicant’s son lodged an application with the Rome Court of Appeal under Law no. 89 of 24 March 2001, known as the “Pinto Act”, complaining of the excessive length of the above-described proceedings. The applicant’s son requested the court to rule that there had been a breach of Article 6 § 1 of the Convention and to order the Italian Government to pay compensation for the non-pecuniary damage sustained and pay the legal costs including those incurred before the Court. Mr Casciano claimed, inter alia, 20,000,000 Italian lire (10,329.14 euros (EUR)) in non-pecuniary damages. He sought the reimbursement of his legal costs, including those incurred before the Court, but did not quantify or give particulars of them.
20.  In a decision of 5 April 2002, the text of which was deposited with the registry on 6 June 2002, the Court of Appeal found that the proceedings had been excessively long. It held as follows:
“... As is clear from the circumstances described by the applicant, and confirmed by the documentation produced, the length of these proceedings (more than 7 years) was justified only in part by the procedural requirements whereas certain adjournments were attributable to the inefficiency of the authorities themselves or their officers.
Delays occurred that were not justified by specific reasons related to the special nature of the case, are not attributable to the conduct of the applicant and give rise, irrespective of the finding of particular omissions or negligence of the persons involved, to responsibility on the part of the State for a breach of the right to a hearing within a reasonable time.
The case concerns social-security proceedings. Bearing in mind the complexity of the proceedings and the necessary expert reports, the proceedings should have been disposed of within four years from the originating application for both levels of jurisdiction. Accordingly, the applicant’s claim for compensation for the non-pecuniary damage recognisable in the inconvenience and distress probably suffered as a result of the long and unjustified wait for delivery of judgment is founded in respect of the excessive length.
After using the assessment criteria under Article 2056 of the Civil Code, reiterated in Law no. 89/01 [Pinto Act]; and having regard to, among other things, the period beyond the reasonable time, as determined above, and the modest economic interests at stake, the court finds it equitable to award a total sum of 1,200 euros plus statutory interest accruing from the date of the application.”
The Court of Appeal awarded Mr Casciano EUR 1,200 in compensation for non-pecuniary damage, EUR 500 for costs and expenses incurred in the proceedings before the Court and EUR 500 – of which EUR 300 were under the head of fees – for the Pinto proceedings. The decision was served on the authorities on 13 November 2002 and became final on 13 January 2003. The authorities were given notice to comply on 20 March 2003 and in April 2003 Mr Casciano lodged an application for a garnishee order with the Rome judge responsible for enforcement proceedings. Payment was made on 5 May 2004.
21.  In a letter of 29 November 2002 Mr Casciano informed the Court of the outcome of the domestic proceedings and asked it to resume its examination of his application.
22.  In the same letter the applicant’s son also informed the Court that he did not intend to appeal to the Court of Cassation because an appeal to that court could only be on points of law.